Canadian Kangaroo Court Mulls Some More Speech Persecution

Ezra Levant writes about the Candadian Human Rights Commission's EPIC FAIL of an attempt at public relations:

In the past, Moon had written favourably about government limits on free speech. That, plus a large payment for his brief report, made Moon’s review look like a PR stunt, especially since the CHRC simultaneously hired the pricey lobby firm Hill & Knowlton to provide “communications” advice. It all looked like a strategy to offset six months of bad press — not to mention embarrassing investigations into the CHRC’s conduct by the RCMP, the Privacy Commissioner and Parliament’s Justice Committee.
But to the surprise of critics like me, Moon recommended that section 13 of the Canadian Human Rights Act — the so-called “hate speech” provision, which empowers the CHRC to censor the Internet and other electronic media — be repealed. Instead of a whitewash, Moon’s report was the opposite — another nail in the coffin of the thought police.
The CHRC was surprised, too, and obviously not pleased. Although Moon’s report used the word “repeal” 11 times — it was his primary recommendation — that word appears nowhere in the CHRC’s press release announcing his findings.
In fact, the CHRC has already thrown Moon under the bus, minimizing his report as merely some “suggestions,” and announcing that they want a do-over. In the very same press release, they announced another round of consultations on the subject, at untold public expense — and this time they’ll be more careful about who’s allowed to participate.

A complaint about Moon's government-sponsored hate speech is being hastily drafted. After all, he's subjecting a Canadian minority to scorn and public ridicule.

Posted by: Gabriel Malor at 09:29 AM

Comments

1 Oh Canada. At the rate we are going, that will be us in 4 years... I need a drink.

Posted by: In Exile at November 25, 2008 09:34 AM (B4tZx)

2 It's only a matter of time before we have Human Rights Commissions and Hate Speech laws here in the good 'ol US of A. Sounds like once they get in they don't like to let go, very nice.

Posted by: kefka at November 25, 2008 09:36 AM (fKivs)

It's only a matter of time before we have Human Rights Commissions and Hate Speech laws here in the good 'ol US of A

In order to pass a law and take action similar to Canada’s action the congress and the president would first have to reorder SCOTUS from its current makeup. The court, in its more liberal days, ruled that so-called hate speech was protected under the first amendment. That is, protected within certain qualifications.

The prohibition on “fighting words” is still in effect. You can not walk down the street in a black neighborhood and yell racial epitaphs which would cause a riot or other violence.

The key distinction seems to be face-to-face presence.

Also, hate speech which is libelous is still subject to individual State libel laws. Note however, that based on previous rulings which have not been overturned, newspapers and other periodicals are virtually exempt from libel laws. Also, public figures are not protected by libel laws (in practice).

The key difference between Canada and the U.S. is the First Amendment. Canada doesn’t have one.

Posted by: Vic at November 25, 2008 09:52 AM (Qd7GC)

4 "Racial epitaphs," Vic?

The far left will continue to push for "speech control," as they always have. We hope the SC will continue to smack them down, but they certainly haven't on campuses, and there have been prosecutions for speech-only hate crimes that just haven't made it to the SC.

Cross your fingers...

Posted by: Merovign at November 25, 2008 10:00 AM (UXoQt)

5 My late father wanted to move up the KANADA at one time im glad we didnt move up there i dont want to live in kanada and WHY IS THE MAPLE LEAF RED?

Posted by: Spurwing Plover at November 25, 2008 10:07 AM (Zxoxo)

but they certainly haven't on campuses

As far as I know none of these speech codes have made it to SCOTUS as of yet. I have seen some of the local courts strike down some of the speech codes though.

All of these cases have to percolate through the system. It is a sad thing, or maybe not in some cases, but somebody with a lot of money has to be hit before there is a chance it will make it. That, or it has to be a liberal cause that harms the U.S. so that the ACLU will sponsor it.

Posted by: Vic at November 25, 2008 10:10 AM (Qd7GC)

yell racial epitaphs

"Here lyeth a Negro"

"For a white man, he's pretty dead"

"Once a Chinaman, now dust"

Posted by: Prufrock at November 25, 2008 10:11 AM (vISQb)

These attempts to regulate speech that liberals don't like will become law here. Vic is right to assert that prior rulings seem to negate the possibility. Our opponents believe in a living breathing constitution that reflects the whims of the electorate rather than the eternal truths we hold to. They will attempt a "fairness doctrine" with local presence laws. This is not an attempt at fairness but is a desire to shut down opposing thought.

Only one side seems to be fighting in this war. We alow the most vile t-shirts and comedic skits mocking our leaders and views. We allow gays to interupt our most sacrad places with their free speech. We allow the media to distort our views with impunity.

It is well on the way to being common law here.

Posted by: Brian at November 25, 2008 10:31 AM (f1vXs)

9 Racial epitaph, via Richard Pryor on SNL:

"DEAD honkey!"

Pretty good skit.

Posted by: right at November 25, 2008 10:38 AM (pMGkg)

a living breathing constitution that reflects the whims of the electorate rather than the eternal truths…

I would say that they only like the speech that the liberals like and agree with, that doesn’t always correspond to the “electorate” which in turn doesn’t come anywhere close to being the majority of the population.

The more liberal court of pre-Roberts and Alito is the one that ruled hate speech laws per se unconstitutional. The two oldest members of the court are also the most liberal. It would take some kind of real outside the bounds court stacking scheme to get enough justices on the bench to bring back hate speech laws.

One other thing on campus speech codes. The courts have ruled in the past that schools may have more restrictions on speech than other bodies due to the nature of their function. In other words, schools may restrict speech in the interests of maintaining an environments conducive to learning.

Posted by: Vic at November 25, 2008 10:45 AM (Qd7GC)

Vic,

do you think the democrats talking point of using obscenity laws as a precident for controlling whats on the airwaves has any validity?

Posted by: Brian at November 25, 2008 10:58 AM (f1vXs)

Brian

I am not familiar with that talking point. Give me a short run down.

Posted by: Vic at November 25, 2008 11:36 AM (Qd7GC)

Vic is correct about the First Amendment in #3.

I'm not going to go looking for the slut's quote, but a higly-placed HRC employee said something to the effect that "free speech was a [bad] American concept" that we don't have here. (Something that would surprise all the hoser morons out there who think that we do have a free speech guarantee.)

I also wouldn't be as sanguine about this as some--there are recommendations about setting up a federal and provinicial press watchdogs that would address minority "bias" complaints that sound worse than current HRCs.

Posted by: andycanuck at November 25, 2008 12:33 PM (MJZdi)

14 I also wouldn't be as sanguine about this as some--there are recommendations about setting up a federal and provinicial press watchdogs that would address minority "bias" complaints that sound worse than current HRCs.

See, I think conservatives are missing a golden opportunity to score points.With Levant and Steyn charged with hate speech, they should have flooded the HRC with lawsuits about liberal hate speech. Once they get these provincial "bias" committees set up, conservatives should flood them with complaints of liberal bias.And so on.

Posted by: OregonMuse at November 25, 2008 12:46 PM (FO+YO)

Vic,

sorry, got busy. Democratic senators are saying that they could use local obsenity laws to enforce correct speech. The idea is that the airwaves belong to the people and the Dems, being in power, were responsible to enforce local standards of decency.

Posted by: Brian at November 25, 2008 01:57 PM (f1vXs)

16 Except conservatives and Christians never get their complaints heard before a tribunal, let along win them, Oregon Muse. This from Ezra Levant is sort of related to only the "right" type of complaintes being heard, but not exactly.

Posted by: Ida Moonbat at November 25, 2008 02:09 PM (MJZdi)

17 Sorry... "let alone win them..."

Posted by: Ida Moonbat at November 25, 2008 02:10 PM (MJZdi)

18 Oops. Sock puppet "off".

Posted by: andycanuck at November 25, 2008 02:11 PM (MJZdi)

OK, as far as I know in the last foray into the obscenity quagmire the courts have ruled that it IS a local thing. They have never ruled that obscenity was “protected” speech. What they have said in the past is that local (and federals) can not engage in pre-censorship. It is up to a jury to determine if material is obscene AFTER it has been shown.

That is essentially the same ruling as fell out of the infamous Pentagon Papers Case. The government may punish after the fact, but may not prohibit before the fact (unless clear and present harm can be shown in the case of classified info).

I thought you had something there that the Dems were pushing that would allow them to push the “fairness doctrine” based on local obscenity statutes.

I don’t see the Dems getting too involved in local obscenity enforcement as this has been an issue where they normally side with the pornographers. (Except perhaps in the case of local Southern DA’s looking to make a name for political gain).

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